Reading Michigan v. Bryant, 'Reading' Justice Sotomayor

Abstract

What are we to make of Justice Sotomayor’s criminal procedure jurisprudence? This Essay attempts to answer that question by offering three readings of her Confrontation Clause decision in Michigan v. Bryant. All three close readings, coupled with details from her memoir, serve as the basis for a “reading” of Justice Sotomayor. In toto, these readings reveal Justice Sotomayor to be precedent-bound, except when she’s not, and to be progressive, but not above using conservative methodologies to get her way. And while there is much to applaud in her jurisprudence, there are dangers too. And hope.

Keywords: Hearsay, Confrontation Clause, testimonial, domestic violence